IN THE CASE OF:	  

		BOARD DATE:	  28 February 2012

		DOCKET NUMBER:  AR20110017001 


THE BOARD CONSIDERED THE FOLLOWING EVIDENCE:

1.  Application for correction of military records (with supporting documents provided, if any).

2.  Military Personnel Records and advisory opinions (if any).


THE APPLICANT'S REQUEST, STATEMENT, AND EVIDENCE:

1.  The applicant requests correction of item 24 (Decorations, Medals, Badges, Commendations, Citations, and Campaign Ribbons Awarded or Authorized) of his DD Form 214 (Armed Forces of the United States Report of Transfer or Discharge) to show the:

* Army Good Conduct Medal
* Republic of Vietnam Gallantry Cross with Palm Unit Citation
* Republic of Vietnam Civil Actions Honor Medal First Class Unit Citation
* Sharpshooter Marksmanship Qualification Badge with Rifle (M-14) Bar
* Expert Marksmanship Qualification Badge with Rifle (M-16) Bar
* two or three bronze service stars to be affixed to his Vietnam Service Medal

2.  He also requests all unit awards and decorations to which he may be entitled for his service in Vietnam.

3.  The applicant states these awards were left off of his DD Form 214 when he left Vietnam and the Army.

4.  The applicant provides:

* DD Form 214
* service personnel records



CONSIDERATION OF EVIDENCE:

1.  Title 10, U.S. Code, section 1552(b), provides that applications for correction of military records must be filed within 3 years after discovery of the alleged error or injustice.  This provision of law also allows the Army Board for Correction of Military Records (ABCMR) to excuse an applicant’s failure to timely file within the 3-year statute of limitations if the ABCMR determines it would be in the interest of justice to do so.  While it appears the applicant did not file within the time frame provided in the statute of limitations, the ABCMR has elected to conduct a substantive review of this case and, only to the extent relief, if any, is granted, has determined it is in the interest of justice to excuse the applicant’s failure to timely file.  In all other respects, there are insufficient bases to waive the statute of limitations for timely filing.

2.  The applicant enlisted in the Regular Army on 8 February 1966 for a period of 3 years.  He arrived in Vietnam on 3 October 1966.  He served as a lineman assigned to Company D, 459th Signal Battalion, in Vietnam from 3 October 1966 to February 1967.  He was assigned to Headquarters and Headquarters Company, 41st Signal Battalion, in Vietnam from February 1967 to 10 April 1967.  He was assigned to Company B, 41st Signal Battalion, from 11 to 26 April 1967.  He was attached to Headquarters and Headquarters Detachment (HHD), 43rd Signal Battalion, in Vietnam from 27 April 1967 to 19 November 1967.  He was assigned to Company B, 41st Signal Battalion, from 20 November 1967 to 12 May 1968.  On 17 January 1969, he was released from active duty in the permanent rank of sergeant after completing 2 years, 11 months, and 10 days of creditable active service with no lost time.

3.  Item 24 of his DD Form 214 shows the:

* National Defense Service Medal
* three overseas service bars
* Expert Marksmanship Qualification Badge with Rifle Bar
* Vietnam Service Medal
* Purple Heart
* Republic of Vietnam Campaign Medal with Device (1960)

4.  Since the Expert Marksmanship Qualification Badge with Rifle Bar is shown on his DD Form 214, this portion of his request will not be discussed further in this Record of Proceedings.

5.  There is no evidence the applicant received the first award of the Army Good Conduct Medal.  There also is no evidence the applicant was disqualified by his chain of command from receiving the Army Good Conduct Medal.  His records show he received conduct and efficiency ratings of "excellent" throughout his service.

6.  Records show he participated in four campaigns during his assignment in Vietnam.

7.  Headquarters, U.S. Army Training Center and Fort Leonard Wood, Special Orders Number 96, dated 6 April 1966, show he was awarded the Sharpshooter Marksmanship Qualification Badge with Rifle Bar (M-14).

8.  Department of the Army Pamphlet 672-3 (Unit Citation and Campaign Participation Credit Register) lists the awards received by units serving in Vietnam.  This pamphlet shows HHD, 43rd Signal Battalion, was cited for the Meritorious Unit Commendation for action during the period 1 April 1967 to 31 May 1968 by Department of the Army General Orders (DAGO) Number 73, dated 1968.

9.  Department of the Army Pamphlet 672-3 shows Company B, 41st Signal Battalion, was cited for the Meritorious Unit Commendation for action during the period 1 October 1967 to 31 August 1968 by DAGO Number 42, dated 1969.

10.  Department of the Army Pamphlet 672-3 does not show the applicant's units were cited for award of the Republic of Vietnam Civil Actions Honor Medal First Class Unit Citation during his periods of assignment.

11.  DAGO Number 8, dated 1974, awarded the Republic of Vietnam Gallantry Cross with Palm Unit Citation to Headquarters, U.S. Military Assistance Command, and its subordinate units during the period 8 February 1962 to 28 March 1973 and to Headquarters, U.S. Army Vietnam, and its subordinate units during the period 20 July 1965 to 28 March 1973.

12.  Army Regulation 672-5-1 (Awards), in effect at the time, provided policy and criteria concerning individual military decorations.  It stated the Army Good Conduct Medal was awarded for each 3 years of continuous enlisted active Federal military service completed on or after 27 August 1940 and, for the first award only, upon termination of service on or after 27 June 1950 of less than 3 years but more than 1 year.  At the time, a Soldier's conduct and efficiency ratings must have been rated as "excellent" for the entire period of qualifying service.

13.  Army Regulation 600-8-22 (Military Awards) states the Republic of Vietnam Civil Actions Honor Medal First Class Unit Citation was awarded by the Vietnamese government for meritorious service.

14.  Army Regulation 600-8-22 states a bronze service star is worn on the appropriate service ribbon for each credited campaign, to include the Vietnam Service Medal.

DISCUSSION AND CONCLUSIONS:

1.  He was released from active duty in the permanent rank of sergeant with almost 3 years of creditable active service with no lost time.  His records also show he received "excellent" conduct and efficiency ratings throughout his service with no disciplinary action or a commander's disqualification.  It appears he met the eligibility criteria for the first award of the Army Good Conduct Medal for the period 8 February 1966 through 17 January 1969 based on completion of a period of qualifying service ending with the termination of a period of Federal military service.  Therefore, he should be awarded the Army Good Conduct Medal (1st Award) and his DD Form 214 should be corrected to show this award.

2.  The Republic of Vietnam Gallantry Cross with Palm Unit Citation was awarded to all units that served in Vietnam.  The applicant served in Vietnam during a qualifying period; therefore, he is entitled to correction of his DD Form 214 to show this unit award.

3.  His unit was not cited for award of the Republic of Vietnam Civil Actions Honor Medal First Class Unit Citation while he was assigned to it.  Therefore, there is insufficient evidence on which to amend his DD Form 214 to show this unit award.

4.  Special orders show he was awarded the Sharpshooter Marksmanship Qualification Badge with Rifle Bar.  His DD Form 214 should be corrected to show this marksmanship badge.

5.  He participated in four campaigns during his service in Vietnam which entitles him to the Vietnam Service Medal with four bronze service stars.  Therefore, his DD Form 214 should be corrected to show this award.

6.  Two of his units in Vietnam were each cited for award of the Meritorious Unit Commendation while he was assigned to them.  Therefore, his DD Form 214 should be corrected to show two awards of the Meritorious Unit Commendation.



BOARD VOTE:

________  ________  ________  GRANT FULL RELIEF 

____X____  ___X_____  ___X_____  GRANT PARTIAL RELIEF 

________  ________  ________  GRANT FORMAL HEARING

________  ________  ________  DENY APPLICATION

BOARD DETERMINATION/RECOMMENDATION:

1.  The Board determined the evidence presented is sufficient to warrant a recommendation for partial relief.  As a result, the Board recommends that all Department of the Army records of the individual concerned be corrected by:

	a.  awarding him the Army Good Conduct Medal (1st Award) for the period 8 February 1966 through 17 January 1969 and

	b.  adding the Army Good Conduct Medal (1st Award), Meritorious Unit Commendation (2nd Award), Republic of Vietnam Gallantry Cross with Palm Unit Citation, Sharpshooter Marksmanship Qualification Badge with Rifle Bar (M-14), and four bronze service stars for wear on his already-awarded Vietnam Service Medal to item 24 of his DD Form 214.

2.  The Board further determined the evidence presented is insufficient to warrant a portion of the requested relief.  As a result, the Board recommends denial of so much of the application that pertains to award of the Republic of Vietnam Civil Actions Honor Medal First Class Unit Citation.



      ____________X_____________
                 CHAIRPERSON
      
I certify that herein is recorded the true and complete record of the proceedings of the Army Board for Correction of Military Records in this case.

ABCMR Record of Proceedings (cont)                                         AR20110017001



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ABCMR Record of Proceedings (cont)                                         AR20110017001



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